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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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The people living opposite on two occasions have let his trampoline

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The people living opposite on two occasions have let his trampoline blow into the road, the first being the day before the storm when a resident stopped it hitting their head and also damaging their gate, this happened at 3.30 pm. The following day Wednesday eve another resident saw the same trampoline hit my car on the bonnet doing £550 of damage, and also damage to the next doors two cars.
The person responsible was asked to come and move the trampoline and admitted that he would be able to make the car repair himself. Responding, please leave it to the morning until the damage could be seen more in the day light, I then went to my own garage (car still has warranty on it) and got an estimate. I was then approached by his wife and was told that they cannot claim on their house insurance and had spoken to their solicitor who said there is no claim against them, please help, (just lost my husband two weeks ago and finding this all too much to deal with) thank you Jane Butcher

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

What can I do to get them to pay for the damage? What happens it this happens again? Cant afford to be paying hundreds of pounds out when they are negligent knowing that the problem had already happened and on the trampoline frame its says secure in windy conditions

Thanks for the information.

The point the solicitor is making is this. To bring a claim against them you have to show they were negligent. Obviously they do not control the wind. The wind was an Act of God and trampolines are the type of item likely to be blown around in the kind of winds we have been seeing.

You could try to sue them yourself on the basis that the act negligence was that they did not secure the trampoline despite knowing of the weather conditions and the risk that this could happen.

To do that though you will have to sue them personally in the small claims court. They may involve their insurers. I would be surprised if they do given the likely sum of the claim but they could and then you would end up dealing with an insurance company. That doesn't mean you cannot win though.

You can issue here

Beyond the CAB though there are no free sources of legal advice and the CAB are not always reliable.

You don't really need legal advice for this though. This is a simple enough case that can be pursued yourself at the small claims court.

Its a good idea to send a letter before action first making clear that you will sue if you do not receive payment within 28 days.

Hope this helps. Please let me know if you need more information.

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